New Jersey DCPP Defensehttp://newjerseydyfsdefense.com
Aggressive Advocates Offering Compassionate ServiceTue, 03 Mar 2015 10:57:10 +0000en-UShourly1http://wordpress.org/?v=4.1.1How the Fact Finding Hearing Works in New Jersey Child Abuse Caseshttp://newjerseydyfsdefense.com/how-the-fact-finding-hearing-works-in-new-jersey-child-abuse-cases
http://newjerseydyfsdefense.com/how-the-fact-finding-hearing-works-in-new-jersey-child-abuse-cases#commentsMon, 02 Mar 2015 22:39:38 +0000http://newjerseydyfsdefense.com/?p=2359As an innocent person accused of something truly horrendous — hurting or neglecting your child — you want to have your say and clear your name. The fact finding hearing offers you an opportunity to present evidence to combat what’s been said about you and to challenge evidence that you committed a wrongdoing.

The court wants to consider all information surrounding the allegations and to ensure the relevance and competence of all evidence. Be forewarned: DCPP may submit a lot of evidence, including interviews with you, the other parent, therapists, staff, teachers and other experts. Legally, this evidence is known as a “prima facie evidence,” and you and your attorney can have an opportunity to rebut and challenge it.

You might be also familiar with a concept called the “hearsay rule.” This legal rule limits how and when hearsay can be used as evidence in a court proceeding. For instance, if a witness sees or hears something directly, his or her testimony might be valid. But if that same person overhears a third-party report to have seen or heard something, such testimony normally cannot be used without an exception.

That may all sounds a little abstract. Here’s a concrete example to illustrate the difference.

Let’s say that a pre-school teacher saw you lose your temper and spank your child in the parking lot. That teacher’s testimony would be a first person account, and the court would generally want to take it into consideration. However, what if a mom at your pre-school overheard your child’s teacher talking about how you spanked your child in the parking lot? Could the mom testify against you? Her perspective would be considered hearsay, because she didn’t observe things directly; the court would likely reject the testimony as evidence.

Hopefully, that’s all pretty clear. But now things get a bit nuanced.

The records that DCPP generate when they speak to anyone technically create what’s known as a “business record.” Without getting into the legal weeds, in this type of situation, sometimes hearsay can be admitted into the court record. This distinction can be crucial, since cases involving allegations of abuse and neglect often boil down to “he said, she said” arguments.

Even though hearsay can technically be used as evidence against you, the division must abide by very strict rules when introducing this evidence. A caseworker or consultant may get the court to consider a document based on firsthand knowledge gathered relatively soon after an alleged event or incident. The division will often pile on a lot of evidence, including documented conversations involving caseworkers, therapists, teachers, neighbors, etc.

Even if the records of these conversations are allowed, the hearsay rule can still govern what will be admissible as evidence. In addition, the caseworker himself or herself must testify about the conversations — someone else’s hearsay won’t be accepted.

For skillful, experienced assistance battling back against untrue allegations of child abuse or neglect, call the Williams Law Group, LLC immediately at (908) 810-1083.

For instance, maybe you allegedly sexually assaulted a child or left him or her unattended overnight while you went out partying or shopping.

2. A pattern of abuse or neglect.

For instance, the state may argue that you didn’t feed your child enough nutritious food (e.g. you let him or her have free range access to orange soda and Twix bars without providing enough healthy fat, protein, and vegetables).

Defending against the “single act” type of charge, in general, is simpler. Single acts are discrete in nature and in time. “Multiple-act” charges are more challenging to defend. In fact, the state can make a case that you abused or neglected your child systematically, even if no single act that you committed (or failed to commit) would rise to the level of actionable abuse or neglect on its own.

The court understands that “synergistically related” acts can illustrate an ongoing pattern of neglect or abuse. For instance, maybe you generally fed your children unhealthy food for dinner or kept them home from school systematically or punished them in arbitrary, unfair ways over the course of months or years. The state might say that the “net effect” of these acts constitute harm.

Proving (or disproving) this “net effect” can be challenging for both sides.

For instance, let’s say a case worker regularly started dropping by your home, unannounced. Concurrently, your child began acting out at school and getting in trouble with his teachers. It could be that the case worker’s disruptions caused your child’s anxiety or anger and led to the acting out. Quantum physics says that the act of observing a subatomic particle can change its position and other fundamental characteristics. Likewise, a case worker’s observations of a family can likewise change that family’s dynamics in ways that can lead to neurotic or dysfunctional behavior.

For skillful, experienced assistance battling back against untrue allegations of child abuse or neglect, call the Williams Law Group, LLC immediately at (908) 810-1083.

Received a Restraining Order? If you have received a restraining order, there are certain steps you can take. This video highlights some of those steps.

]]>http://newjerseydyfsdefense.com/how-to-fight-a-restraining-order/feed0The Case Worker’s Role in Investigating Abuse and Neglecthttp://newjerseydyfsdefense.com/the-case-workers-role-in-investigating-abuse-and-neglect
http://newjerseydyfsdefense.com/the-case-workers-role-in-investigating-abuse-and-neglect#commentsFri, 20 Feb 2015 08:00:14 +0000http://newjerseydyfsdefense.com/?p=2182The case worker has to interview or observe the allegedly victimized child and interview all caregivers and adults at home as well as the reporter of the abuse or neglect. The Division also has to interview you in person (not over the phone, not via email, etc). Case workers often refuse to interview parents who have retained legal representation, but this act violates the agency’s procedure. (It does make the case worker’s job easier, since it speeds up how quickly he or she can file the compliant!)

After the initial investigation, the case worker begins a “formal investigation,” if he or she believes abuse or neglect likely occurred. In doing so, the case worker must examine the strengths and needs of the caregiver and the alleged victim, interview two or more collateral contacts who knew about what happened and interview diverse stakeholders, such as:

• A childcare provider, teacher, or principal who has knowledge of the parents or parental care;

• Any witness who had knowledge of the abuse or neglect;

• Other community professionals who might have had knowledge of the abuse or neglect;

• Any physician involved, even indirectly, in diagnosing or treating the alleged victim;

• Every witness who could provide evidence that you did not abuse or neglect the child. (This is an important point – often, the case worker does not do this. That’s a problem! The division has a mandate from the statute not to prosecute a case against you, like a Prosecutor might, but rather to determine in a neutral fashion whether a child has been abused or neglected and whether the government needs to step in and help that child.

You and your attorney will then need to figure out how to defend against the state’s complaint.

For skillful, experienced assistance battling back against untrue allegations of child abuse or neglect, call the Williams Law Group, LLC immediately at (908) 810-1083.

]]>http://newjerseydyfsdefense.com/the-case-workers-role-in-investigating-abuse-and-neglect/feed0How Child Abuse or Neglect Charges Impact the Custody Hearinghttp://newjerseydyfsdefense.com/how-child-abuse-or-neglect-charges-impact-the-custody-hearing
http://newjerseydyfsdefense.com/how-child-abuse-or-neglect-charges-impact-the-custody-hearing#commentsMon, 16 Feb 2015 08:00:23 +0000http://newjerseydyfsdefense.com/?p=2178After the Division’s case has been made, if the court finds that you didn’t commit the alleged acts – or that you have addressed the underlying issue or issues that prompted the involvement of DCPP – you can have a hearing to determine what will happened regarding custody.

Depending on whether the caseworker likes you — which is often in part determined by what you stand accused of doing (or not doing) — he or she may help or hinder you with this process. In order for the Court to return your child to you, you must have addressed the issues raised in the Division’s Complaint.

The Next Steps

DCPP hearings and trials are confidential, in general. However, the court has the discretion to open up the hearings to allow, for instance, the parent to be surrounded and supported by loved ones and friends.

Once this first part of the process is over — and hopefully, the child is either back in your custody or in the custody of the other parent or a friend or family member — the court has to conduct something called a “Case Management Conference”.

A Title 9 trial — known also as a fact finding hearing — commences within four to six months. You and your attorney should read over the Title 9 statute with a fine-toothed comb to determine whether the allegations against you meet the statute’s definition of abuse or neglect discussed as earlier. Together with your attorney, go through all the facts set out in the Division’s complaint against you, line by line. You want to try to look for inaccuracies, distortions or anything else that could discredit the investigation. What’s not true? What kind of evidence can you muster to bust the state’s case? Be systematic, and work with your attorney to figure out a plan.

In some cases, you may need to act relatively rapidly to preserve and protect evidence that might exonerate you. For instance, on the day of the alleged abuse, you might have been on a business trip far away from your child. If you can produce evidence that you were, for instance, in Albuquerque rather than in New Jersey on the day the abuse happened (e.g. plane tickets, hotel stubs, etc) that would obviously devastate the state’s case.

You and your attorney also should determine whether the Division’s investigation was sufficient.
For skillful, experienced assistance battling back against untrue allegations of child abuse or neglect, call the Williams Law Group, LLC immediately at (908) 810-1083.

]]>http://newjerseydyfsdefense.com/how-child-abuse-or-neglect-charges-impact-the-custody-hearing/feed0What Exactly Happens During a Title 9 Complaint?http://newjerseydyfsdefense.com/what-exactly-happens-during-a-title-9-complaint
http://newjerseydyfsdefense.com/what-exactly-happens-during-a-title-9-complaint#commentsWed, 11 Feb 2015 08:00:29 +0000http://newjerseydyfsdefense.com/?p=2176How does the Title 9 Process work? What options do you have during these various phases?

DCPP litigation is initiated when a complaint is filed against you. The Attorney General’s office represents DCPP, and the government will appoint a lawyer, known as a “law guardian,” to represent your child. You may obtain private legal counsel or seek legal assistance through the Office of Parental Representation.

When does litigation start?

It can begin before or after the government takes your child from your custody. The government must have a court order to take your child away, unless it believes that there is an “imminent danger to your child’s life, safety or health.” In fact, according to the agency’s mandate, the Division is supposed to engage in “reasonable efforts” to allow your child to stay with you – to keep families unified — and it is also supposed to make an effort to reunify families after children have been removed.

But DCPP does not always act so solicitously.

The Division has two days to file a complaint, once it has removed your child from your custody, but it can also deny you access to your child during an investigation. For instance, the other (custodial) parent might agree to keep the child away from you by signing a Safety and Protection Plan.

If the Division tries to keep your child away from you using this tactic, consider trying to force the issue; otherwise, you’ll give the Division more time to compile a case against you. Plus, when you accelerate the process, it becomes more likely that the Division will make a mistake, per New Jersey Administrative Code, that you can exploit.

Once the complaint has been formally served, you (along with your attorney) need to make a decision about whether to file an Answer. Answers are not required and, in fact, are quite rare. However, in certain cases, it might make sense for you to fight back and challenge DCPP’s allegation that your child is “in imminent danger to life, safety or health.” That’s a high standard, after all. The Division must provide the court (and legal counsel) with expert evidence and documents, which it plans to use at trial.

Believe it or not, sometimes the Division withholds documents that could help a defendant be proven innocent! That sounds unfair (and it is). But you should go into the process appreciating that the Division often fails to act as a neutral entity. Be prepared to meet that bias strategically.

Unfortunately, the defense is limited in its ability to use discovery to submit additional evidence. This can put you at a disadvantage. You are not allowed, for instance, to depose case workers without a Court Order authorizing it. You also can’t demand that a child be subjected to a psychological examination, without jumping through additional hoops. Basically, the division gets to put forth its case over months, while you effectively have to “sit there and take it” until trial. This part of process can be quite painful, for obvious reasons, especially if you have to listen to blatantly untrue or highly exaggerated accounts of what actually happened.

For skillful, experienced assistance battling back against untrue allegations of child abuse or neglect, call the Williams Law Group, LLC immediately at (908) 810-1083.

1. A parent physical hurts a child or allows someone to hurt the child;

2. A parent creates or allows conditions that put a child at risk of physical injury;

3. A parent subjects a child to sexual abuse or puts the child in a situation in which he or she can be sexually abused;

4. A parent abandons a child on purpose;

5. A parent isolates a child inappropriately from social contact to the point that this isolation damages the child socially or emotionally;

6. A parent institutionalizes a child inappropriately;

In addition, N.J.S.A 9:6-8.21(c) has a very broad, “catchall” definition for neglect. For instance, if you fail to provide your child with enough food, education, medical care, or clothing — or if you inflict excessive corporal punishment (hitting your child) — DCPP can use that behavior as a basis to take your child away and otherwise punish you.

New Jersey’s Administrative Code sets forth a vast laundry list of acts that the state could consider to be abuse or neglect. For instance:

• A child has been kept in confinement or inappropriately restrained physically;

• A child does not have adequate supervision;

• A child has been abandoned or disserted;

• A child does not get proper food, clothing, or shelter;

• Even “educational neglect” can be grounds for DCPP to take action against you.

The general point here is that the legal definition of abuse or neglect is broad. This means that even relatively minor offenses can lead to your inclusion in the Child Abuse Central Registry.

For skillful, experienced assistance battling back against untrue allegations of child abuse or neglect, call the Williams Law Group, LLC immediately at (908) 810-1083.

]]>http://newjerseydyfsdefense.com/what-constitutes-abuse-or-neglect-under-new-jersey-law/feed12 Reasons to Strategize to Defend Against False Abuse Chargeshttp://newjerseydyfsdefense.com/2-more-reasons-you-want-a-defense-against-false-abuse-or-neglect-charges
http://newjerseydyfsdefense.com/2-more-reasons-you-want-a-defense-against-false-abuse-or-neglect-charges#commentsFri, 06 Feb 2015 08:00:05 +0000http://newjerseydyfsdefense.com/?p=20931. You want clarity about what you need to do, when, and why, as well as how your life will likely unfold.

False charges are not only scary; they are also wildly disruptive. Human beings have deep needs for closure and certainty. One of the reasons why television is so addictive, for instance, is that producers and writers intentionally install “cliffhangers” at the ends of acts and episodes. We want to know “what’s going to happen?” Until we find out, our brains — at a subconscious level – cannot let go and let us concentrate fully on other activities.

Likewise, when your case is in limbo — when you’re not sure whether you’ll be able to see your children or not, not sure whether you’ll face sanctions (including jail time), and not sure how friends, relatives and coworkers will react to your situation — you may find it tough to concentrate on “living life” and taking care of the bare essentials. That’s why getting a handle on your legal strategies and tactics can be such a relief. Once you have a plan regarding how to engage with DCPP, your brain can settle down and focus on what needs to get done.

2. Having a plan for dealing with the legal process should allow you to be more nimble and flexible when presented with opportunities and setbacks.

World War II general (and later President) Dwight Eisenhower famously observed that plans change but planning is indispensable. Why? The answer is that having a solid paradigm for thinking about a process – and a good plan to go with it – can allow you to improvise and deal with crises and opportunities as they emerge.

For instance, maybe two months into the defense process, your ex (who falsely accused you) might add a litany of additional allegations, which can create extra legal headaches for you. How should you respond? The answer will depend on the circumstances, obviously. However, if you have a plan in place – and if you understand the general flow of the defense process – you will be more likely to meet the needs of the situation.

Alternatively, maybe a few weeks from now, a school administrator will come forward with evidence that the bruises on your child — which prompted your harrowing legal situation — occurred on the playground. Or a teacher might testify that she saw the fall happen; and, thus, she can help you clear your name.

Take time to reflect on your purpose in fighting these allegations; you may even want to write it down and review it daily.

For skillful, experienced assistance battling back against untrue allegations of child abuse or neglect, call the Williams Law Group, LLC immediately at (908) 810-1083.

]]>http://newjerseydyfsdefense.com/2-more-reasons-you-want-a-defense-against-false-abuse-or-neglect-charges/feed03 Reasons to Refute False Child Abuse and Neglect Allegationshttp://newjerseydyfsdefense.com/3-reasons-driving-you-to-refute-false-child-abuse-and-neglect-allegations
http://newjerseydyfsdefense.com/3-reasons-driving-you-to-refute-false-child-abuse-and-neglect-allegations#commentsWed, 04 Feb 2015 08:00:28 +0000http://newjerseydyfsdefense.com/?p=2090The government and the Division of Child Protection and Permanency (DCPP) have a mandate to protect the health, welfare and wellbeing of children in New Jersey. These government employees also command a broad suite of powers and resources. As someone who stands falsely accused of child abuse or neglect charges, in some ways, you face a “David versus Goliath” struggle.

In this section, we will review some of the basic processes that happen during Title 9 cases filed by DCPP, which seek an abuse and/or neglect finding against you. We’ll also discuss tactical and strategic responses that you might want to consider at various stages of this process.

Before we get into the nuts and bolts, however, let’s dial back and reflect on the purpose of what you’re trying to do. When you’re faced with an uphill battle with the odds stacked against you — whether you’re striving to win a competitive sports event, vie for a exclusive job or wage a legal battle — research suggests that your having a clear, well-defined, passion-infused purpose can help you remain resilient, innovative and dogged in pursuit of your goal.

So what’s driving you to refute the false allegations? There are 5 possible answers. Today, we’ll cover the first three:

1. You want to reunite with your child or children.

The parent-child bond is arguably the most powerful bond in the broad array of the human experience. Whether you’ve already been separated from your child for days — or you’re worried that DCPP will remove your child (or children) from your custody shortly — you want to protect this cherished relationship. You want to do so not only because you love your child, but also because your child needs your affection and insight to develop and handle life’s ups and downs.

2. You want to preserve your relationships and stature in the community.

False allegations of abuse or neglect — even ones later completely refuted and deemed falsified — can wreak terrible havoc upon the lives of the accused. For instance, upon learning about your legal case, your boss might rescind an offer of a promotion, or you might lose critical clients or accounts. Friends and family members might turn their backs on you. Newly blossoming relationships can dissolve. These intimate betrayals can create heartbreak, anger and confusion. DCPP cases are confidential and not open to the public, but that does not mean that people in your neighborhoods or your children’s school won’t find out about it.

If you wind up found guilty and entered into the Child Abuse Central Registry, you may find it challenging in the future to expand your family, work in crtain professions or even avoid frivolous false abuse claims from future accusers. False allegations could also impede or ruin your ability to succeed in a custody or visitation case.

3. You want justice and truth to prevail.

In addition to wanting to avoid the “obvious” negative consequences — like being unable to reunite with your child and suffering career devastation – you probably also have a fundamental need to expose the truth and see that justice is done. For instance, if your ex made up allegations to win a custody case, you might want to see him or her to be punished in some fashion.

For skillful, experienced assistance battling back against untrue allegations of child abuse or neglect, call the Williams Law Group, LLC immediately at (908) 810-1083.